Ottawa Firearms & Gun Charges Lawyer
Firearm and gun charges are treated very seriously in Ottawa and across Eastern Ontario, and a conviction can carry significant jail time and a long weapons prohibition. Many of these cases also turn on how the police searched and seized the firearm. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with firearm and weapons offences, including lawful owners facing technical allegations.
Call 613-884-8576 for a free 30-minute consultation.
Firearm and Weapons Offences Under Canadian Law
Firearm offences are governed by both the Criminal Code and the Firearms Act. Canadian law divides firearms into non-restricted, restricted and prohibited categories, and lawful possession generally requires a valid licence (a PAL or RPAL). Many charges arise from how a firearm was possessed, stored, transported or used, rather than from any intent to harm anyone.
Common Firearm and Gun Charges We Defend in Ottawa
Possession without a licence (s. 91)
Possessing a firearm without a valid licence, or a restricted firearm without the proper registration.
Possession of a prohibited or restricted firearm (s. 92 and s. 95)
Knowingly possessing a prohibited or restricted firearm, and the more serious offence of possessing a loaded prohibited or restricted firearm, or one with accessible ammunition.
Possession of a weapon for a dangerous purpose (s. 88)
Possessing any weapon for a purpose dangerous to the public peace or to commit an offence.
Careless use or unsafe storage (s. 86)
Failing to store, transport or handle a firearm safely, often charged against otherwise lawful owners for a technical breach of the storage regulations.
Pointing a firearm (s. 87)
Pointing a firearm at another person, which is an offence even if the firearm is not loaded.
Weapons trafficking and use in an offence (s. 99 and s. 85)
Transferring firearms without authorization, or using a firearm while committing another offence.
Penalties and Mandatory Minimum Sentences
Penalties for firearm offences range widely, and some are hybrid offences that can be prosecuted by summary conviction or by indictment. Certain firearm offences once carried mandatory minimum jail sentences, but several of those minimums were struck down by the courts or repealed by Parliament in 2022. Whether a minimum applies now depends on the specific charge, which is one reason an early, careful review of your case matters.
Weapons Prohibition Orders (s. 109 and s. 110)
A firearm or weapons conviction usually leads to a weapons prohibition order. Under section 109 the order is mandatory for certain offences and can last ten years or even for life, while under section 110 the court has discretion to impose one for other offences. These orders can affect hunters, sport shooters and collectors long after any sentence is served, so they are an important part of any defence strategy.
How We Defend Firearm Charges
Many firearm cases come down to how the evidence was found. Section 8 of the Charter protects you from unreasonable search and seizure, and a warrantless search of a home or vehicle is presumed unreasonable. We examine whether the police had grounds, whether any warrant was valid, and whether your rights to counsel and against arbitrary detention were respected. Where your rights were breached, we can ask the court to exclude the evidence. We also test whether the Crown can prove knowledge and control of the firearm beyond a reasonable doubt.
What to Do After a Firearm Arrest in Ottawa
Do not give a statement to the police, and do not try to explain the situation on your own. Use your right to speak with a lawyer, and call a criminal defence lawyer before answering questions. After an arrest you may be released on conditions or held for a bail hearing, and firearm charges in Ottawa are dealt with at the courthouse at 161 Elgin Street.
Areas We Serve Across Ottawa
Brett McGarry defends firearm and weapons charges for clients throughout Ottawa and the surrounding area, including Kanata, Nepean, Barrhaven, Orléans, Gloucester and Vanier, as well as lawful owners in the rural communities outside the city. Ottawa firearm cases are heard at the Elgin Street courthouse, and we assist clients in English and French.
Firearms Charges FAQ
What is the difference between a non-restricted, restricted and prohibited firearm?
Canadian law sorts firearms into these three categories, and the category affects how the firearm may be owned, transported and used, and how an alleged offence is treated.
Can I be charged if I have a valid licence but stored my firearm improperly?
Yes. Unsafe storage under section 86 can be charged against a lawful owner for a technical breach of the storage regulations, even with a valid licence.
Is pointing an unloaded firearm still a criminal offence?
Yes. Pointing a firearm at another person is an offence under section 87 whether or not the firearm is loaded.
Do firearm charges carry mandatory minimum jail sentences?
It depends on the charge. Several mandatory minimums for firearm offences were struck down by the courts or repealed in 2022, so whether one applies must be assessed case by case.
What is a weapons prohibition order and how long does it last?
It is a court order banning you from possessing firearms or weapons. Under section 109 it is mandatory for certain offences and can last ten years or for life, while under section 110 it is discretionary.
Can the police search my home or car for a firearm without a warrant?
Generally a warrantless search is presumed unreasonable under section 8 of the Charter, with limited exceptions. If a search was unlawful, the evidence may be excluded.
Can I get my seized firearms back?
Sometimes, depending on how the case is resolved and any prohibition order. We can advise on whether the return of lawfully owned firearms is possible in your situation.
Contact a Firearms Defence Lawyer in Ottawa
If you have been charged with a firearm or gun offence in Ottawa, contact Brett McGarry for a free, no-obligation consultation. Call 613-884-8576 or contact us online.
For more questions about firearm and gun charges in Ottawa, see our criminal law FAQ.
This page provides general information about the law in Canada and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.